September 26, 1905. Petitions were filed with the department by Martha Harton, Nannie Foster (formerly Vaughan), William E. Percival, Sarah Jane Darken, and John D. Thompson relative to enrollment of themselves and their families as Choctaws.

April 4 and 5, 1906. Department directs that the cases of the last-named persons be adjudicated.

April 17, 1906. Department directs that the rights of John T. O’Quin be adjudicated as a Choctaw by blood.

May 28, 1906. Further testimony taken by commissioner in these cases. which were consolidated.

It is fully established by the record that the names of the leading claimants appear on the 1896 Choctaw roll as set out above; that they were residents of the Choctaw and Chickasaw Nations for several years prior to 1898.

January 10, 1907. Commissioner renders decision relative to the rights of the persons included in this case as follows:

Following the ruling of the department of April 4, 1906 (I. T. D. 4222-1906), in the case of Mary E. O’Quin et al., I am of the opinion that the applicants herein, who are of Choctaw blood, who were residents in good faith of Indian Territory on June 28, 1898, and whose names appear upon the 1896 Choctaw census roll, and their descendants born since said roll was made, and those persons who were married to any of said applicants in accordance with the laws of the Choctaw Nation, should be enrolled as citizens of the Choctaw Nation.

I am further of the opinion that the applications for the enrollment of the applicants herein, whose names do not appear upon the 1896 Choctaw census roll and who are not descendants of persons whose names do appear upon said roll, born since the date thereof, and those intermarried applicants who were not married to their Indian spouses in accordance with the laws of the Choctaw Nation should be denied.

I am further of the opinion that the applicants. Fannie May O’Quinn, Katie Thompson, and Mary G. McCoy, should be enrolled as citizens by Intermarriage of the Choctaw Nation under the provisions of the act of Congress approved July 1, 1902 (32 Slats.. 641) : and it is so ordered.

I am further of the opinion that the applicants, Agnes O’Quinn, Altha S. O’Quinn, Mark O’Quinn, Bertha May Harton, George Pope Harton, Viola Maude Hunt, Thomas Foster, Clara May Reville, Thomas Pembrock Reville, John D. Woolley, James B. Woolley, Amina McCoy, and Fay McCoy, should be enrolled as citizens by blood of the Choctaw Nation under the provisions of the act of Congress approved April 26, 1906 (34 Stats.. 137): and it is so order.

I am further of the opinion that the record herein establishes that application was made for the enrollment of John D. Thompson as a citizen by blood of the Choctaw Nation and for the enrollment of Emina Geneva Thompson as a citizen by intermarriage of said nation within the time limited by the provisions of the act of Congress approved April 26, 1906 (34 Stats., 137). and that the same should now be determined upon its merits; and it is so ordered.

I am further of the opinion that the applications for the enrollment of John D. Thompson, Sarah Jane Darken, Myrtle K. Darken, and Gertrude M. Darken as citizens by blood of the Choctaw Nation should be denied under the provisions of the act of Congress approved July 1, 1902 (32 Stats., 641) ; and it is so ordered.

I am further of the opinion that the applications for the enrollment of Franklin M. Harton, Charles B. Darken. Emma Geneva Thompson, and William H. Percival as citizens by Intermarriage of the Choctaw Nation should be denied under the provisions of the act of Congress approved July 1, 1902 (32 Stats., 641) ; and it is so ordered.

1 am further of the opinion that the petition filed by John D. Thompson. September 20, 1905, in so far as it applies to John William Thompson and Hazel Maude Thompson, should be considered as an application for the enrollment of said persons as citizens by blood of the Choctaw Nation under the provisions of the act of Congress approved April 20, 1906 (34 Stats.. 137), that said applications should be denied, and it is so ordered.

I am further of the opinion that the application for the enrollment of Ruby O’Quinn, who the record shows died March 15, 1899, and for the enrollment of Narcissa S. Thompson and Narcissa Ella Percival, who the record shows died prior to September 25, 1902, should be dismissed, and it is so ordered.

January 17, 1907. The names of the persons enrolled by decision of January 10, 1907, placed on schedules of citizens by blood and intermarriage of the Choctaw Nation, as follows:

March 2, 1907. Department reversed decision of commissioner as to the persons held to be entitled to enrollment.

March 4, 1907. Department disapproves the enrollment of the persons on schedules described above.

March 1, 1909. Department requests report relative to these claimants.

April 22, 1909. Commissioner reports to department in this case the facts set forth above.

June 2, 1909. Department held that this case was not analogous to the Goldsby case and that no action could be taken looking to enrollment of applicants therein under opinion of United States Supreme Court in the Goldsby case.

It appears from the record in this case that the claimants are Choctaws by blood and possessed of one-sixteenth and one-thirty-second Choctaw blood, and that the principal claimants resided in the Choctaw and Chickasaw Nations for several years prior to 1898; that their names are on the 1896 Choctaw census roll; that they are related to William C. Thompson and Mary E. O’Quin, who were enrolled under departmental instructions of April 4, 1906, and that their status is identical with that of claimants herein.

The enrollment of the claimants in the cases of William C. Thompson et al. and Mary E. O’Quin et al. was canceled by the department on February 23, 1907. under an erroneous construction by the department of the opinion of the Attorney General of the United States of February 12, 1907, which opinion was modified by a subsequent opinion of March 4, 1907. The latter was not received by the department until March 6, 1907, too late to be used in enrollment cases.

Under an opinion of the United States Supreme Court of November 30, 1908, in the Goldsby and Allison cases, holding that the Secretary of the Interior had no authority to strike names from the approved rolls without notice and directing, him to reinstate them, William C. Thompson and his family, Mary E. O’Quin and her family, and the other parties to that case were restored to the roll by the department January 19, 1909. but the enrollment of the claimants herein never having been approved by the department their case did not come within the purview of said opinion.

Counsel for claimants represent that the claimants herein are admittedly of Choctaw blood and certain of their names appear upon the Choctaw tribal rolls and their relatives occupying the same status appear upon the finally approved roll of Choctaws by blood, and the approval of the enrollment of these claimants by the Secretary of the Interior was prevented by an erroneous construction of the opinion of the. Attorney General of the United States of February 12, 1907. which was subsequently modified by an opinion of March 4, 1907. received by the department after the expiration of the time within which persons could be enrolled, and

Counsel respectfully submit that claimants herein are entitled to enrollment.

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United States Congress.Five Civilized Tribes In Oklahoma, Reports of the Department of the Interior and Evidentiary Papers in support of S. 7625, a Bill for the Relief of Certain Members of the Five Civilized Tribes in Oklahoma, Sixty-second Congress, Third Session. Department of the Interior, United States. 1913.